FMLA Guidelines

We’ll assist you in tracking and managing intermittent FMLA leave … fighting FMLA fraud and FMLA abuse … and managing FMLA in general.

Beyond mastering FMLA regulations on intermittent leave, we’ll share FMLA guidelines on how to curb FMLA abuse, and dramatically improve your overall FMLA compliance.

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If your employee handbook has been gathering dust, now’s the time to update it. Start by doing a quick audit. Spend a half-hour today ensuring your handbook meets these six criteria.
Under the FMLA employers routinely ask an employee’s health care provider to complete a certification form justifying FMLA leave requests. That could create a GINA compliance problem, because the certification might reveal genetic information about the employee. There are obvious precautions that an employer should take to comply.
When an employee announces she’s pregnant, her employer better be able to deliver more than just congratulations. You need legally sound, consistent policies and practices to ward off potential pregnancy complications of your own. Here’s how best to comply with the FMLA, plus a sample policy you can adapt to your own organization:
In late 2010, the EEOC published GINA regulations that provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Smart employers carefully track FMLA leave and make sure employees know their rights. That includes warning employees when their leave is about to expire and explaining their options for returning or requesting additional time off. By keeping employees informed and meticulously tracking all conversations, you make it harder for someone to successfully sue you.

Q. An employee asked to take 12 weeks of FMLA leave this summer because her kindergarten-age child will be out of school. She says her child is special-needs and can’t go to summer camp. Do we have to allow her to take what amounts to an unpaid summer vacation?

Job descriptions are the cornerstone of communication between you and your staff. Job descriptions can also be useful tools in court. Make sure you have job descriptions for all employees’ positions. Then keep those descriptions updated whenever the duties change.

Increases of any kind are rare in the newspaper business these days. Thus, it was big news late last year when the San Francisco Chronicle and the California Media Workers Guild agreed to a two-year contract that increased wages for some employees as much as 5% and added benefits, too.
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?
Illinois’ new civil-union law—which gives new rights to same-sex and opposite-sex couples—goes into effect on June 1. It says couples united in civil unions are “entitled to the same legal obligations, responsibilities, protections and benefits as are afforded or recognized by the law of Illinois to spouses….”